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HITZ v. FIRST INTERSTATE BANK

Docket No. A063163.

38 Cal.App.4th 274 (1995)

44 Cal. Rptr.2d 890

JACQUE HITZ, as Personal Administrator, etc., et al., Plaintiffs and Respondents, v. FIRST INTERSTATE BANK, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

September 14, 1995.

Attorney(s) appearing for the Case

COUNSEL

O'Melveny & Myers, Charles C. Lifland, Gregory R. Oxford and Michael M. Maddigan for Defendant and Appellant.

Morrison & Foerster, William Alsup and James A. Huizinga as Amici Curiae on behalf of Defendant and Appellant.

Sturdevant & Sturdevant, James C. Sturdevant, Patricia Sturdevant and Kim E. Card for Plaintiffs and Respondents.

[Opinion certified for partial publication.*]

OPINION

MERRILL, J. —

I. INTRODUCTION

In this case we modify a $13,971,830 judgment in a class action which challenged the assessment of fees by First Interstate Bank (FICAL) against breaching credit card customers who failed to make minimum monthly payments when due or exceeded their credit limits. We reduce the judgment by $9,076...

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